TexasCHLforum.com

Charles L. Cotton wrote:
I disagree that a drop-leg holster will be unlawful. I hope no one wears one, but they attach to the belt and the Code is silent about other forms of securing the holster.

Chas.

Thank you Mr. Cotton for the professional insight and history lesson. As a lawyer, I'm sure you're familiar with the ironic perspective of lawyers that "juries are crap shoots". I'm not a lawyer, but have many lawyer friends and worked in a law firm in college. I always found it odd that the perspective of the highly paid lawyers was that there were few absolutes in the law and you were subject to the whims of a judge and/or jury in many cases. That's why the venue was so important. "Let the facts speak for themselves"? Depends on who is listening.

There's probably also a difference in "letter of the law", "interpretation of the law", and "application of the law" (as in, case law to substantiate a legal theory).

Has anyone been convicted of "printing"? What about "accidental/unintentional exposure"?

As for the drop holster issue, I just did my CHL instructor class in August and they specifically said "A leg/drop holster is prohibited for open carry". Granted, DPS Troopers are NOT lawyers and frequently don't know the law. In fact, during our class, much of the class would read the new HB910 to the instructor to correct him about what's coming with open carry. No disrespect to our men in blue...just stating facts.

So take anything I say with a grain of salt. I'm not a lawyer (or a judge), and I heard it from DPS...that's two strikes against my credibility! :)

jmorris wrote:

WesTx wrote:

jb2012 wrote:I'm a little confused. Aren't probably 99% of iwb holsters attached to your belt? I realize they are clipped vs a threaded owb holster, but that is just it! They are clipped!

I carry IWB using sticky holsters like remora's sometimes. I wonder if unintentional flashing of the handle or what not (shirt raises up) if its in a hip holster not attached to a belt will be an issue.

If you're carrying concealed then the belt/shoulder holster requirement doesn't apply to you. Unintentional display of your firearm has never been an offense.

Actually, I believe it was an offense. In the last two years, there have been many changes (improvements) in the laws. First, printing and unintentional exposure was a crime. Then it was just exposure. Then it was (as it is now), that it basically has to be an intentional display in a hostile manner. Whew. Finally some common sense. It'd be interesting to post a series of how the law has changed in the last few years. But to the OP, flashing a IWB wont matter because the law will still be "intentional display". So, even in a 30.07 area, if the display is unintentional (reached for a top shelf, shirt partially tucked in from pulling your pants up in the bathroom, whatever), it shouldn't be an offense. Also of note, the new law states:

(i) in a concealed manner; or
(ii) in a shoulder or belt holster.

That's from the actual text. That means "not an ankle holster" and, per our guidance in our CHL instructor class, "not a drop holster". Even if the drop holster is attached at some point to your belt, if it's anchored to your leg, it doesn't count. But, "belt" doesn't say "hip", so I'd say appendix carry or small of back carry is technically okay, but maybe not smart (back, I mean...open carry where a thug can grab it from behind you??)

As a little bit of trivia, too, they changed the 30.06 offense to a class C misdemeanor. If the poster then tells you to leave (or brings it to your attention) and you still ignore it, then it's a class A. I think it all used to be class A. So that's gotten better too.